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TanR

H1B 60 day grace period

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Hi All

I am confused reg the start of the 60 day grace period. Here is my situation -

  • I was employed by a US staffing firm and was working with a major financial client. The project ended on June 20th 2019 and they didn't place me on another one after that. 
  • My last paycheck was generated on June 28th 2019 and I was paid for the pay period June 17th 2019 - June 20th 2019. 
  • I requested them to put me on a unpaid leave of absence after June 20th 2019. They agreed to it and I was on unpaid leave from June 21st 2019 - July 5th 2019.
  • They ended my employment on July 5th 2019. I have the experience letter which says that I was employed till July 5th 2019.

My question - When did my 60 days grace period start? The last day when I worked (June 20th), the last pay check date(June 28th) or the last day of employment(July 5th 2019).

Please help. This is urgent!

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First of all, it can't have been a staffing firm. For an H1, an employer-employee relationship is required which staffing firms don't have. You probably have worked for a consulting company.

Second, unpaid leave while in the US is pretty much never possible on H1. You have to get paid all the time on H1.

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There is no unpaid leaves on H1b especially when your project was over. This kind of document manipulation (borderline fraud) will only hurt you. As per USCIS your 60 days grace period starts on the last day of your job. There can be an argument where USCIS can consider your grace period to start from last day of pay. With the facts provided , the grace period started June 20th.

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The start date of the grace period is at the discretion of USCIS. This is not under your control.
Guys, he is talking about "Leave of Absence", approved by an employer, which is possible. This is considered as a continuation of employment. However, if an employer decides to terminate the employment relationship after the end of the leave, then "Leave of Absence" is no longer relevant. 

@TanR To be on the safer side and avoid accruing out of status, you MUST consider June 21, 2019, as the start of 60-day-grace period. And let USCIS decide what should be your last day of authorized employment. 

Edited by Chai

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2 hours ago, Chai said:

The start date of the grace period is at the discretion of USCIS. This is not under your control.
Guys, he is talking about "Leave of Absence", approved by an employer, which is possible. This is considered as a continuation of employment. However, if an employer decides to terminate the employment relationship after the end of the leave, then "Leave of Absence" is no longer relevant. 

@TanR To be on the safer side and avoid accruing out of status, you MUST consider June 21, 2019, as the start of 60-day-grace period. And let USCIS decide what should be your last day of authorized employment. 

Leave of absence on H1 is usually a ruse by the employer to avoid paying people on bench, which is illegal. Shady employers get the employees to "voluntarily" ask for LOA, which is of course also illegal, because it is done under pressure from the employer. The LOA "conveniently" coincides with the end of the project... A really transparent sham.

Because of such abuse LOA for people on H1 is nowadays impossible, unless the person is outside the US and such not in H1 status to begin with.

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I have an experience letter from the employer saying that I was their employee till July 5th 2019. Will that not be enough?

 

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2 hours ago, TanR said:

I have an experience letter from the employer saying that I was their employee till July 5th 2019. Will that not be enough?

 

You also would have to get paid until that date.

Edited by JoeF

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